Dated: May 15, 2020
StandoutVitae is a web-based platform that helps users showcase their talents and skills, pursue professional opportunities, and network with like-minded professionals. The platform provides web-based tools and services with which users can create and publish web pages and articles forming a personal website or e-portfolio. The tools and services also help users discover and connect with each other and be discovered by recruiters who can search for candidates on the platform.
Standout LLC (“us”, “we”, “our”, or “Standout”) operates https://www.StandoutVitae.com.
This Agreement applies to users of the Service who have registered an account (“Members”) as well as users who do not have an account (“Visitors”).
If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Standout, acceptance is expressly limited to these terms.
The Service is available only to individuals who are at least 13 years old.
You certify to Standout that you are an individual (i.e., not a business or corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on the Service (including, for example, a name, address, telephone number or email address). You also certify that you are legally permitted to use the Service and take full responsibility for the selection and use of the Service. This agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. Standout makes no claim that the Service may be lawfully accessed or viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
We will make reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there may be occasions when the Service will be interrupted, such as for maintenance, upgrades and repairs, or due to failure of service providers we use, or due to failure of telecommunications links and/or equipment, or due to actions taken against us by hostile entities with the goal of compromising our services. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control.
You agree that the Standout will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Service (including access to any content generated by you).
We retain the right to create limits on use of the Service in our sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any text, images, videos, keywords, or any other content that we consider inappropriate or unlawful, or otherwise likely to cause us liability or disrupt the Service.
If you create an account using the Service, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken through the account. You agree to choose a strong and secure password and keep your password secure and confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Standout will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You agree to keep your contact information up to date. You can do so using the Personal Information page once logged in.
If you are or have been involved with prostitution or escort services, you will not create an account with the goal of sharing this information, even if such services are legal where you live. If you do create an account, you agree that you will exclude any references to such activities in your profile and any other content you generate, and your content will focus on your other skills, talents, qualifications, or knowledge. You must not create content that promotes prostitution or escort services.
If you operate an account, post content, comment on content posted by a Member, or otherwise make content available by means of the Service, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text or graphics or other forms of media, or links to other content that may or may not have been created by you. By making content available, you represent and warrant that:
You also agree that you will not:
Standout reserves the right to remove any content created or published through the Service, (including but not limited to web pages, articles, comments, messages, images, and videos) for any reason whatsoever. Please also read the StandoutVitae Community Guidelines ( https://www.StandoutVitae.com/Legal/CommunityGuidelines/ ) for rules and advice on what types of content are appropriate.
You agree that the Service is not a storage service, and that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
You own the content and information that you submit or post to the Service. You are granting us the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Service, without any further consent, notice, or compensation, to you or others, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member and Visitor a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under this Agreement.
The duration of the above license depends on whether the content is Profile Content or Shared Content.
Profile Content refers to (1) information about you that you provided through your Account Settings, such as your name, email address, and location, and (2) the contents of pages created by you that contain information about you and your skills and experiences, and (3) the contents of articles written by you that contain your thoughts, ideas, and explanations, on various subjects. You can end the license for specific Profile Content by deleting such content from the Service, or generally by closing your account. You acknowledge that caching or references to the content may not be made immediately unavailable. You also understand and agree that we may retain backup copies of, but not display, Profile Content that you have removed or deleted.
Shared Content refers to content that is shared with, and can potentially be modified or built upon, by other Members, and whose removal might affect, confuse or conflict with the content produced by other Members or Visitors or our processing of such content. Examples of Shared Content include, without limitation, comments you post on articles written by Members, and messages you send to Members. The above license granted by you is perpetual and irrevocable for Shared Content, and such content may continue to be displayed to Members and Visitors even if you close your account.
We reserve the right to remove any of your content from the Service, suspend or terminate your right to use the Services at any time, or pursue any other remedy or relief available to us under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
Standout has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf , the "DMCA").
The address of Standout’s Designated Agent for copyright takedown notices ("Designated Agent") is:
Reporting Copyright Infringements
If you believe that content residing or accessible on or through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Standout is capable of finding it and verifying its existence.
3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and email address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Standout will respond to valid DMCA requests within 15 days. In all cases, if you do not hear a response from us within 15 days of submitting a complaint, please email us again at firstname.lastname@example.org to confirm that we received your original complaint, because spam blockers can sometimes reject important emails from unknown parties. Please note that under applicable law if you knowingly materially misrepresent that content on the Service infringes upon your copyright you may be subject to liability for damages, including costs and attorneys’ fees.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, we shall disable access to or remove material that we have a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any Member. We will then immediately notify the Member responsible for the allegedly infringing material that we have removed or disabled access to the material. Standout reserves the right, in its sole discretion, to terminate the account of any Member who is the subject of repeated DMCA notifications.
In an effort to be transparent in removing or restricting access to user-uploaded content, we may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
Submitting a DMCA Counter-Notification :
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Standout by providing the following information to the Designated Agent at the address above:
1. The specific URLs of material that we have removed or to which we have disabled access.
2. Your name, address, telephone number, and email address.
3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in King County, Washington if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Service.
When you claim and use a custom URL, you must follow the terms in this agreement, and the StandoutVitae Community Guidelines, and the following policies:
If you violate these policies, we may take a variety of actions, including suspending your use of custom URLs or your access to the Service.
We have not reviewed, and cannot review, all the material posted by Members, and cannot therefore be responsible for that material’s content, use or effects. Standout does not represent or imply that it endorses the material posted on the platform, or that it believes such material to be accurate, useful or non-harmful. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Standout disclaims any responsibility for any harm resulting from the use of the Service, which includes downloading of content posted by Members. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Standout with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Standout, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
We have not reviewed, and cannot review, all the material, including computer software, made available through third-party websites and webpages to which the Service links, and that link to the Service. Standout does not have any authority or control over third-party websites and webpages and is not responsible for their contents or their use. By linking to an external website or webpage, Standout does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Standout disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
Content is provided to you AS IS. You may access content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under this agreement. You shall not download any content unless you see a “download” or similar link displayed by us on the Service for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Standout or the respective licensors of the content. Standout and its licensors reserve all rights not expressly granted in and to the Service and the content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
If you are a recruiter and intend to use the Service to search for candidates, you must inform us of this, and register a Recruiter account if this feature is available. If you do not, you are not permitted to request contact information from Members, nor may you share your contact information with Members. Doing so may lead to suspension or banning of your account.
We reserve the right to limit your use of the Service, including the number of your connections, your ability to message Members, the amount of content you publish, and the size and total number of files and images you upload.
This agreement does not transfer from Standout to you any Standout or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with Standout. Standout, the StandoutVitae logo, and all other trademarks, service marks, graphics and logos used in connection with Standout, or the Service are trademarks or registered trademarks of Standout or Standout licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Standout or third-party trademarks.
Standout has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which Members or Visitors gain access to the Service; which content you access via the Service; what effects the Service or available content may have on you; how you may interpret or use the Service and content made available through the Service; or what actions you may take as a result of having been exposed to the content. Much of the content available through the Service is provided by and is the responsibility of the Member who posted the content. We cannot monitor and review all the content that is generated using the Service and take no responsibility for any content. You release us from all liability for your having acquired or not acquired content through the Service. The Service may contain or direct you to sites containing information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
The Service is provided “as is”. Standout and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Standout nor its suppliers and licensors, makes any warranty that the Service, which includes the StandoutVitae website, will (a) be error free or that access thereto will be continuous or uninterrupted, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components. You understand that you access and download content from the Service at your own discretion and risk.
To the fullest extent allowed by law, we disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided through the Service. By using the Service, you acknowledge that we are not responsible or liable for any harm resulting from (1) use of the Service; (2) accessing or downloading information contained on the Service including but not limited to downloads of content and files posted by Members; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by Members; (4) the temporary or permanent inability to access or retrieve any of your content from the Service, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
In no event will Standout, its directors, officers, employees, members, licensors, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers), be liable to you with respect to the Service for (a) any indirect, incidental, special, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, opportunities, reputation, data, images, your content or other intangibles; (c) damages for unauthorized use, non-performance of the Service, errors, or omissions; or (d) damages related to viewing, downloading or posting content. To the extent permitted by applicable law, Standout’s and the Service’s collective liability under this agreement shall be limited to the amount you paid us to use the Service during the twelve (12) month period prior to the cause of action, if any, or three hundred United States Dollars.
You agree to indemnify and hold harmless Standout, its directors, officers, employees, members, licensors, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorneys’ fees, arising from: (i) your use of and access to the Service; (ii) your violation of any term of this agreement; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
You represent and warrant that (i) your use of the Service will be in strict accordance with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, without liability, effective immediately. If you wish to terminate this agreement, you may close your StandoutVitae account (if you have one) and subsequently discontinue using the Service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Standout or the Service, including without limitation any indemnification obligations contained herein. In addition, the following shall survive termination: (i) Our rights to use and disclose your feedback; (ii) Rights of Members to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; (iii) Any amounts owed by you prior to termination remain owed after termination.
This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you to anyone without our consent, but may be assigned by Standout without restriction.
This Agreement may only be modified by a written amendment signed by an authorized executive of Standout, or by the posting by Standout of a revised version.
Except to the extent applicable law, if any, provides otherwise, this agreement and any access to or use of the Service will be governed by the laws of the state of Washington, U.S.A. Any claim or dispute between you and Standout that arises in whole or in part from the Service shall be decided exclusively by federal or state courts located in King County, Washington, and you and Standout consent to personal jurisdiction in those courts.
If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and Standout’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
You and Standout agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any questions about the Terms of Service, please contact us at email@example.com.